IMPEACHMENT. A trial, usually of a public officer, for a high crime or other offense. In England the House of Commons is the prosecutor and the issue is tried and determined before the House of Lords. Impeachment in England dates back to a very early day, and has continued, with some interruptions in the 15th, 16th and 17th centuries, to the present. It has now lost much of its former importance. The charges against the defendant are in the form of articles, and he may employ counsel to represent him and call witnesses in his defense. The vote of each peer on the question of the guilt of the defendant is taken separately, and if he is found guilty, the Commons may or may not move for judgment as they see fit, frequently refusing to do so, which amounts virtually to a pardon. Political offenders may be impeached when danger exists of their escap ing punishment by the usual methods. Impeach ment lies against persons of all ranks and for misdemeanors and crimes of all degrees. The practice of impeaching ministers has been rendered obsolete by the doctrine of ministerial responsibility to Parliament. Likewise the im peachment of judges is no longer necessary, the power of removal existing in the Crown.
In the United States by the constitutions of most of the States impeachment proceedings are instituted in the Senate, although in a few States the ordinary courts of law have juris diction of such proceedings. There is consider able conflict of judicial opinion on the question of impeachment, particularly on the offenses for which it lies, whether a State officer is subject to impeachment after he has ceased to hold office, etc. An offender who has been impeached may, in certain cases, later be tried and pun ished by the courts for the same offense. By
constitutional provision in many jurisdictions none but State officers are subject to impeach ment, and this necessarily excludes county and municipal officers. Among some of the offenses which by constitutional provisions are subject to impeachment are treason, bribery, misconduct and maladministration in office, habitual drunk enness, neglect of duty, common law and statu tory crimes and corrupt practices and oppres sive conduct by judges and others. The rules of evidence in impeachment proceedings are the same as those which prevail in criminal trials. To justify a conviction, therefore, the guilt of the accused must be established beyond a rea sonable doubt. Under the constitutions of some of the States no person may be impeached by a concurrence of less than two-thirds of the senators elected.
There is a marked difference in some particulars in impeachment proceedings in the United States and England. For instance, in the United States the only penalty after im peachment is removal from office, while in Eng land any legal penalty, even capital punishment, may be inflicted. In many of the States, by constitutional provision, cases of impeachment are excepted from the pardoning power, whereas in England, as stated above, the Com mons have virtually the pardoning power in all cases. In England a commoner may be arrested impeached mpeached or he may be compelled to give security for his appearance, and a peer may be arrested for a capital offense, while in the United States there is no power of arrest in any case.